Demand Enforcement of the Illinois Exposure Law for Animals, Now!

This is the face of the Exposure Amendment to the Humane Care for Animals Act in Illinois. You CAN help.

His name was Petey. He was one of many animals in Illinois who have suffered, even died, due to exposure to extreme temperatures. The amendment to the Humane Care for Animals Act is supposed to prevent animals from suffering and possibly even dying due to exposure to the elements. The largest impediment to its efficacy has been the failure of the Department of Agriculture, The Illinois Animal Welfare Federation and the County Animal Control Association to provide the current language of the statute and training for its use to Animal Control Officers, Police Officers and Humane Investigators.

Please sign this petition asking these institutions entrusted with animal welfare, to provide regular training sessions including the new statute and instructions for how best to use it to protect animals.

Representatives from Illinois Humane, The Animal Welfare Institute, The Animal Welfare Federation, The County Animal Control Association, The Department of Agriculture, The Farm Bureau, Illinois Veterinary Medical Association, the Senate and the House of Representatives all contributed to the amendment passed in 2016, the current statute. All agreed it was enforceable, and it is. Following is the current statute;

Humane Care for Animals Act, (510 ILCS 70/3.01) from Ch. 8 par 703.01
Sec 3.01 Cruel Treatment

(c) No owner of a dog or cat that is a companion animal may expose the dog or cat in a manner that places the dog or cat in a life-threatening situation for a prolonged period of time in extreme heat or cold conditions that:
Results in injury to or death of the animal; or
Results in hyperthermia, hypothermia, frostbite or similar condition as diagnosed by a doctor of veterinary medicine.

(c-5) Nothing in this section shall prohibit an animal from being impounded in an emergency situation under subsection (b) of section 12 of this Act.

12 (b) Emergency impoundment may be exercised in a life threatening situation and the subject animals shall be conveyed directly to a licensed veterinarian for medical services necessary to sustain life or to be humanely euthanized as determined by the veterinarian. If such emergency procedure shall be taken by an Animal Control Officer, the department shall be notified.

At the Department of Agriculture training sessions in both 2016 and 2017, the amendment was read but dismissed by the statement "The law is vague and difficult to enforce."  The law does not specify a temperature or what the shelter must be is because needs differ for different breeds, coats, weights, ages, and weather conditions. Protection from heat differs from protection from cold. It sounds ridiculous to say but when it is raining, animals need a way to stay dry. In the summer, they do not need an enclosed space and insulation, they need ventilation. In the winter, they need a way to stay dry and out of the wind, and a way to remain warm through maintaining the body heat they generate. In extreme temperatures, shelter that is sufficient much of the year does not allow animals to maintain safe body temperature. Extra accommodations must be made.

The fact that we are still seeing outdated information circulated from law enforcement and animal control agencies in Illinois, with the problematic language "resulting in injury or death" preventing animals from being granted the protection this amendment was meant to provide, is reprehensible and irresponsible. This law can be enforced by police with or without the assistance of animal control officers. It does not require a veterinarian to make the diagnosis on the scene. The statute allows for removal of the animal in a life-threatening situation.

Both hyper- and hypothermia are life threatening conditions. Early signs of hypothermia include shivering, lifting paws, heat-seeking, crying, whining or barking more than usual, and lethargic behavior. Signs of Hyperthermia include lethargic behavior, heavy panting, dark red gums, excessive drooling, increased heart rate, vomiting diarrhea.

There are resources for determining the risk factor and what shelter an animal would need in differing conditions, like the Tufts Animal Care and Conditions scale. Standards for sufficient shelter must be set by credible, objective sources, not those that benefit financially from keeping standards as low as possible.

http://vet.tufts.edu/wp-content/uploads/tacc.pdf

Please join me in asking the Illinois Department of Agriculture, The Illinois Animal Welfare Federation and The County Animal Control Association to update their training materials to include the current statute and best practices for its enforcement. Also, that they provide updates to laws impacting animal safety in a more timely manner. Please share in the hope that fewer animals will suffer as those willing to help receive the training and tools they need to enforce the law.

Update #16 years ago
Residents of Illinois; We need your help! Representatives Feigenholtz, Skillicorn and Bryant are sponsoring a bill, HB4380, to amend the statutes offering protection for animals from extreme weather. The bill better defines 'shelter' and makes the law easier for officers to enforce. We are facing opposition. Time is of the essence! Please contact your Representative to let them know this is important to you. Here's a link to find your Representative. https://www.illinoispolicy.org/maps/
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